Citation Nr: 21028786
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 17-48 207A
DATE: May 12, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1969 to August 1973.

This appeal comes to the Board of Veterans' Appeals (Board) from a September 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO.) In August 2019, the Board denied the issues on appeal. In December 2020, the United States Court of Appeals for Veterans Claims (Court) granted a Joint Motion for Remand (JMR) of the Veteran and the Secretary of Veterans Affairs (the Parties) to vacate and remand the Board's decision. The issue has now been returned to the Board. 

Entitlement to service connection for a bilateral hearing loss disability is remanded 

During service the Veteran's MOS was a fire protection specialist. He reported significant noise exposure. A current disability as well as an in-service event have been conceded. As such the remaining issue is the nexus between the two.

The issue on appeal was remanded by the Parties for the Board to provide sufficient reasons and bases for its reliance on a September 2016 VA examination report, for several reasons. The Board finds that an addendum opinion is necessary in order to address all of the arguments in the JMR and to fully adjudicate this appeal.

The matters are REMANDED for the following actions:

1. Return the opinion to the examiner who conducted the September 2016 VA examination for an addendum opinion. (If the September 2016 VA examiner is not available, the opinion should be provided by another qualified clinician.) The examiner should:

(a.) Provide a definition of the abbreviation "STS" as used in the September 2016 examination report.

(b.) Explain why the high probability of noise exposure in service is at least as likely as not the cause of tinnitus but not the cause of hearing loss. 

(c.) Explain the significance, if any, of post-service noise exposure as a firefighter (retired in 2003).

If possible, please distinguish between the Veteran's in-service and post-service noise exposure as they relate to current hearing loss.

(d.) Explain whether it is at least as likely as not that the Veteran's hearing loss is caused or aggravated (worsened beyond its natural progression) by his service-connected tinnitus.

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A rationale must be provided to support all opinions.

 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Brewer, Associate Attorney

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.